The Fairfax domestic violence case process involves the accused being released after the initial arrest in most circumstances. The arrest process for a domestic violence case is similar but not identical to all other cases in that the individual would be arrested and taken to the Fairfax County Adult Detention Center, which is located in Fairfax City next to the judicial center. Once they are processed, they are taken before a magistrate. The magistrate makes an initial bond determination. Depending on what the person is charged with, they may be granted bond without the need for an attorney’s assistance. The magistrate may have terms for their bond including a protective order, following certain rules written by the magistrate, and potentially securing a cash bond.
There are circumstances in which a bond determination may not be necessary. The accused individual may be put on pretrial release by the magistrate. The pretrial release refers to a meeting with a supervisor prior to the case being adjudicated. This is to make sure that the person abides by the conditions of their bond and also to ensure they have supervision. If you are facing domestic violence charges, contact a seasoned attorney who is knowledgeable about the Fairfax domestic violence case process.
A major part of the Fairfax domestic case process involves the conditions the judge sets for the defendant. The kind of conditions a judge might impose on the accused in the case of domestic violence depends on if it is a felony or a misdemeanor. For a misdemeanor case, the judge may impose that the person follows all rules set out by the emergency protective order and any preliminary protective order that may follow after that. They may also require them to live in a different residence while the case is pending and refrain from harassing conduct and using drugs or alcohol.
If it is a felony, which is a more severe domestic violence charge like a serious assault and battery such as strangulation, there may be more stringent conditions like not returning to the residence, not having any contact with the person regardless of the protective order, and submitting to drug or alcohol screening.
When the judge issues a no-contact order, it means exactly what it sounds like. The person should have no direct, indirect, or third-party contact with the person subject to the order. For example, if a person has a no-contact order against their spouse, that means they are not able to call them, email them, or walk up to them on the street. If they are in a grocery store, they are to turn the other way and not engage them.
They are also not to contact the other person indirectly, meaning accidental contacts like glaring across the room and driving by their house. They are not supposed to use any third party, like call their sister, mother, or friends and try to pass messages. Those are all examples of what a no-contact order would prevent.
A no-contact order is a form of a restraining order. However, a no-contact order is less serious than a protective order because a protective order is a specific order that has specific consequences. A no-contact order could be termed as a restraining order as it restrains a person’s actions.
Under no circumstances could a person’s family or friends contact the other person if the order applies to third parties. For example, if the husband was a subject of the order and was not to have any contact with his wife, he could not call her friend for the purpose of getting a message to her. If he did, it would be a violation.
If a person fails to abide by the no-contact order, they could have their bond revoked and have to wait in jail until their case is adjudicated. They could also be held in contempt because if there is a court order that is violated, the court always has the ability to hold that person in contempt for violation of that court order. If you have any questions about the Fairfax domestic violence case process, consult with a dedicated criminal defense lawyer.
Patrick Woolley Attorney At Law